Opinii privind natura juridică a contractului de cesiune a drepturilor patrimoniale de autor şi unele contribuții la studiul împrumutului de opere
Opinions regarding the legal nature of the assignment agreement of the property copyrights and certain contributions to the study of lending works

Summary/Abstract: The idea of this study started from the finding that, in the Romanian doctrine in the field of intellectual creation, there is unanimity as regards the legal nature of the assignment agreement of the property copyrights and its types, as they are regulated by Law no. 8/1996 on the copyright and the related rights. Without a fundamental argument, it is claimed that these are methods of the lease agreement and consequently, the general provisions regarding the lease (Article 1.777-1.823 of the Civil Code) shall be applicable to them, with a role of common law. As regards us, aside from this doctrine sentence, we have tried to demonstrate that, except the agreement for work renting, the other types of the assignment agreement are methods of the other agreements governed by the Civil Code. To this end, the classical example is that the lending of the work, and for this reason we considered that, in the context, we should present its particularities. Moreover, in the absence of a rule of reference, the assignment agreement itself (generally) cannot be qualified as a method of the lease, but a contract with a special design (sui generis).

• Details
• Contents